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Publication Date:
November 2009
ISSN:
1934-2640
DOI:
10.2202/1934-2640.1345

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Ed. by Mattei, Ugo / Monti, Alberto

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Dances of Justice: Tango and Rumba in Comparative Criminal Procedure

Elisabetta Grande1

1Università del Piemonte Orientale, elisabetta.grande@unipmn.it

Citation Information: Global Jurist. Volume 9, Issue 4, Pages –, ISSN (Online) 1934-2640, DOI: 10.2202/1934-2640.1345, November 2009

Publication History:
Published Online:
2009-11-10

Different ideas about justice convey different images that can be captured by a dancing metaphor. This paper suggests that the adversary system can be associated with the idea of a ‘tango justice'; the non-adversary one with that of a ‘rumba justice.' ‘Tango' can be performed by two dancers and only by those two, acting together in the venture of establishing the adversarial truth. ‘Rumba,' on the contrary, is performed by a variable number of dancers occasionally alone and occasionally in groups with many shifts and continuous substitutions of dancers and roles. It is a genuinely communal performance in the collective search of an objective truth. The paper shows that the two dances associated with the two systems reflect different notions of ‘truth' and lead to different procedural arrangements consistent with their underlying tenets.

Keywords: comparative criminal procedure; search for the truth; common law; civil law

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